Smiley v. State

District Court of Appeal of Florida

Smiley v. State

122 So. 3d 493, 2013 WL 5340777, 2013 Fla. App. LEXIS 15214

CourtDistrict Court of Appeal of Florida

DecidedSeptember 25, 2013

DocketNo. 3D13-1823

StatusPublished

This text of 122 So. 3d 493 (Smiley v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smiley v. State, 122 So. 3d 493, 2013 WL 5340777, 2013 Fla. App. LEXIS 15214 (Fla. Ct. App. 2013).

Pincite

Opinion

PER CURIAM.

As the trial judge correctly noted, any credit for the time defendant served between the date of the sentence and his transfer to the Florida Department of Corrections is calculated by the Florida Department of Corrections. For this reason, the trial judge’s decision is affirmed without prejudice to the defendant filing an appropriate administrative or other proceeding in the event that such time was not properly calculated by the Department.

Affirmed.

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PER CURIAM.

As the trial judge correctly noted, any credit for the time defendant served between the date of the sentence and his transfer to the Florida Department of Corrections is calculated by the Florida Department of Corrections. For this reason, the trial judge’s decision is affirmed without prejudice to the defendant filing an appropriate administrative or other proceeding in the event that such time was not properly calculated by the Department.

Affirmed.

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Bluebook (online)

122 So. 3d 493, 2013 WL 5340777, 2013 Fla. App. LEXIS 15214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smiley-v-state-fladistctapp-2013.